Dialogia Iuridica

The Existence of The Blue Shield Emblem on Cultural Heritage Property in Armed Conflict

Mokhamad Gisa Vitrana — 2023-11-30

The intentional destruction of cultural heritage in armed conflict that is not used for military purposes causes the greatest losses of mankind. Lots of cultural properties have great value as the cultural heritage of mankind. Creating the distinctive emblem through the 1954 Hague Convention and its two Protocols d become a crucial way in terms of the protection of cultural properties. Based on these instruments, three categories of distinctive emblem gave for cultural properties over general, special and enhanced protection. It could impact cultural property under unnecessary damage when armed conflict occurred. Therefore, this research d a crucial basic issue on how form, function, and assignation of the distinctive emblem should be, based on the provisions of the 1954 Hague Convention and its two Protocols, as well as related International Humanitarian Law. As the result of this research, it can be said that the existence of a distinctive emblem is remained unclear in terms of its size form and assignation on cultural property. This research ed that the use of distinctive emblem shall be regulated by decisive provisions through a Convention or such a guideline of implementation so that distinctive emblem can be seen by the dispute parties to avoid unnecessary damage to cultural property.

The Effectiveness of Plastic Waste Management Based on The Legal System in Indonesia

Edy Suasono — 2023-11-30

The increasing use and consumption of plastic in this modern era is causing various problems for the environment. Plastic waste is difficult to decompose and its management is ineffective, resulting in soil pollution which is increasing day by day. The implementation of laws and regulations governing the management of plastic waste was found not to be running effectively. This article will review normatively the various rules regarding waste management, especially plastic waste in Indonesia. The review and analysis of this research was carried out using normative legal research methods by examining various relevant laws and regulations. The purpose of this research is to analyze how Indonesian environmental law regulates plastic waste management in Indonesia as well as the direction of regulatory policies related to plastic waste management in Indonesia to prevent soil pollution. The main findings reveal that there is still a lack of effectiveness in waste management and the absence of laws and regulations that specifically regulate the management of plastic waste. Furthermore, this article attempts to outline the policy direction of laws and regulations in managing plastic waste to prevent further soil contamination in Indonesia. The absence of special regulations for plastic waste management is an obstacle for the government to implement effective waste management.

Empowerment of PT. MSEs/Individual for Participating in Government Procurement of Goods and Services

Sandy Hukunala — 2023-11-30

The obstacles faced by micro, small, and medium enterprises (MSMEs) in participating in public procurement even though they are legal entities are related to the system, culture, and human resources implementing public procurement. The first obstacle is Indonesia's rigid and inflexible public procurement system. The qualification requirements set by the government often do not match the capabilities of MSMEs. In addition, the lack of internet network access support in the regions makes it difficult for MSMEs to participate in the procurement of goods and services. The second obstacle is the culture of corruption, collusion, and nepotism (KKN) that is still inherent in the Indonesian bureaucracy. Goods and services procurement is one of the biggest contributors to corruption cases in Indonesia. The third barrier is the limited human resources, both in terms of numbers and competencies, owned by MSMEs. MSMEs often have inadequate quality of human resources, especially in terms of knowledge and skills in the field of goods and services procurement. The research method used is normative juridical with a statutory approach and conceptual approach. The purpose of this research is to find out what causes MSEs to be difficult to participate in the procurement of government goods and services even though they are legal entities. This research is expected to contribute to the development and improvement of the public procurement system, so that in practice it can involve more micro, small, and medium enterprises, especially those that already have legality and meet technical requirements.

Implementation of the Principle of Justice in the Formation and Substance of Government Regulation

Demson Tiopan — 2023-11-30

Prosperity can be achieved through the realization of order and organization within society. The principle of justice serves as one of the indicators that determine the attainment of the desired order and organization. In the concrete legal context, the process of forming legislation is required to reflect the presence of the justice principle inherent within it. A legal product is considered to fulfill the justice principle if it falls under the category of responsive law. Responsive law takes into account both functional and procedural aspects of its formation. This research uses a normative juridical research method with a statutory approach. The statutory approach is an approach used by basing it on the provisions of the applicable laws and regulations. This research aims to examine the implementation of the principle of justice in the substance and formation Government Regulation in Lieu of Law on Job Creation (Perppu Cipta Kerja). Perppu Cipta Kerja is perceived to not reflect the justice principle as it lacks the elements characteristic of responsive law. Consequently, the Perppu Cipta Kerja is categorized as a legal product that does not embody the value of justice, falling into the classification of conservative legal products. Therefore, it is imperative for the government to conduct a reevaluation of the formation process and functional aspects, particularly regarding the substantive content, to ensure it aligns with the justice principles mandated by the law. This alignment would facilitate the realization of order and organization within society, ultimately contributing to the welfare of the populace.

Legal Protection of Patient's Electronic Medical Record: Indonesian Legal Perspective

Christin Septina Basani — 2023-11-30

Health is the most fundamental factor of every citizen, particularly in Indonesia. Considering that many people need health services, patients’ data are pivotal as they contain patients’ health and medical records, identity, examination, medication, and other services patients receive in health services. Medical record in Indonesia is regulated by the Minister of Health Regulation No. 269 of 2008 on Medical Record and the Minister of Health Regulation No .22 of 2022 on Electronic Medical Record. The transition to electronic medical records is expected to finish on 31 December 2023. Electronic Medical Records (EMRs), which are now being implemented across the healthcare system in Indonesia, have the potential to fulfill the rights of citizens in the healthcare sector. On the other hand, data security for patients requires protection, as electronic systems may be vulnerable to data breaches and misuse by unauthorized individuals. The objective of this research is to examine the legal protection for patients when their electronic medical record data is misused and to elucidate patients' rights in the realm of healthcare, particularly concerning medical records. The research employs a normative juridical approach with a legislative regulation focus. Article 29 of Minister of Health Regulation No. 22 of 2022 already addresses data protection for patients' personal information, although continuous monitoring of the implementation of patient's Electronic Medical Records is still necessary. The findings of this study emphasize the necessity of ensuring data protection guarantees for patients stored within electronic systems.

The Socio–Juridical Dimensions of Passing Off in Indonesia

Fatihani Baso — 2023-11-30

There are many business actors marketing products that resemble well-known brands in Indonesia. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the authors use The Classical Trinity Theory. The article’s aim is to explain the socio–juridical dimensions of passing off in Indonesia. Seeing that in Indonesia there are many business actors marketing products that resemble well-known brands. To prove whether the Passing Off phenomenon occurs or not in Indonesia, the author uses The Classical Trinity Theory. The research uses a juridical-normative method, with statute and conceptual approach based on literature study, analyzed qualitatively. The Classical Trinity Theory is a theory used as a basis for assessment which states whether a passing-off action occurred or not. First, Goodwill, is whether business actors use the reputation of well-known brand owners to support their business. Second, misrepresentation, there is confusion by consumers regarding genuine products and fake products. Third, damage, there is an element of deceptive branding and goods or services which could very well result in losses experienced by the owner of the well-known brand as a result of copying the company's identity.

Patterns and The Role of The Government in Preventing Human Trafficking

Nunung Rahmania — 2023-11-30

Human Trafficking is an iceberg phenomenon that is growing all over the world including in Indonesia. Indonesia is a tier 2 surveillance country because human trafficking cases are still high and one of the regions contributing to human trafficking cases is East Lombok Regency, West Nusa Tenggara. The purpose of this study is to analyze and find out how pattern of human trafficking in East Lombok and the role of the East Lombok Regency government in preventing human trafficking. The results showed that first, pattern human trafficking in East Lombok Regency which starts from the recruitment process carried out by neighbors, family, friends, and people who first go abroad, document forgery and manipulation of victims' data are made outside the East Lombok Regency area, and the departure process is relay and departure is not from East Lombok Regency but from the area where the documents are made. Second, the role of the East Lombok Regency Government for prevent human trafficking by conducting scheduled socialization in villages/villages that are vulnerable to human trafficking victims, forming Productive Migrant Villages, and providing training to retired migrant workers/families by forming novice business heroes. However, the Government's efforts to prevent human trafficking have not been maximized and effective due to the lack of coordination between related institutions and public awareness of the dangers of trafficking in persons.

“Justitia Semper Reformanda Est”

Andreas M. D. Ratuanak — 2023-11-30

The theme of the law and its changes is still being discussed in the academic community. The fact that law requires social society as its habitat makes it difficult to maintain the status quo. The social community always changes according to the era and place where it makes the laws also voluntarily or is forced to make adjustments to its habitat. The article will discuss how the law cannot always be consistent because it is influenced by the social conditions in which the law lives, how the process of change occurs, and what factors influence the inconsistency of the law, in a philosophical reflection. By using a literature research approach, this research aims to explore two main questions, namely: does law change society or vice versa? and; what factors are most influential in encouraging legal change? This study reflects that jurists from various views seem to agree on one thing, that the law is changing and they only provide different criteria and procedures. This reflection culminates with a statement that the law is always changing, and it reforms itself all the time.

Legal Impact of the Decree Concerning Protected Rice Fields for Land Ownership Rights

Wahyuddin Wahyuddin — 2023-11-30

Land ownership rights are the strongest, fullest rights and can be defended by anyone. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, the state has the right to control. The government issued a regulation regarding protected rice fields which only determines the area of rice fields for each region as determined by the Minister of Atr/Bpn Decree Number 1589/Sk-Hk.02.01/Xii/2021 concerning Protected Rice Fields without explaining in more detail the government's responsibilities towards the communities involved. The land is designated as a protected rice field. The formulation of the problem in this research are what is the impact and legal force of the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021 have on land ownership rights. The objectives of this research are to determine the legal impact and the legal strength of the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021 on land ownership rights. The research method in this study uses normative research methods, namely examining regulations and legal doctrine from legal experts. The results of this research, with the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021, have resulted in the ownership rights to land affected by the designation of protected rice fields not being able to be fully utilized. Then the legal force of the Decree of the Minister of Atr/Bpn Number 1589/Sk-Hk.02.01/Xii/2021 concerning protected rice fields becomes less strong and irrelevant because the rules are unclear and conflict with higher regulations.